Memorandum for General RFP Configuration s28

Hardware, Software, Services LOC

Revised: 12/15/2008

Memorandum for General RFP Configuration

To: Vendor with current valid proposal for General RFP #35763576 for Computer Hardware and Software

From: David L. Litchliter

CC: ITS Project File Number 38141ITS Project File Number 38141

Date: April 3, 2009

Subject: Letter of Configuration (LOC) Number 3814138141 for the procurement of Oracle software and product supportthe procurement of Oracle software and product support for the Mississippi Department of EducationMississippi Department of Education MDE(MDE)

Contact Name: Ravaughn RobinsonRavaughn Robinson

Contact Phone Number: 601-359-52805280

Contact E-mail Address:

2

Hardware, Software, Services LOC

Revised: 12/15/2008

The Mississippi Department of Information Technology Services (ITS) is seeking the software and services described below on behalf of the Mississippi Department of Education (MDE). Our records indicate that your company currently has a valid proposal on file at ITS in response to General RFP #3576 for Computer Hardware and Software. Our preliminary review of this proposal indicates that your company offers products, software, and/or services that may meet the requirements of this project; therefore, we are requesting your configuration assistance for the components described below.

1.  GENERAL LOC INSTRUCTIONS

1.1  Beginning with Item 3, label and respond to each outline point as it is labeled in the LOC.

1.2  The Vendor must respond with “ACKNOWLEDGED,” “WILL COMPLY,” or “AGREED” to each point in the LOC including the attached Standard Purchase Agreement, (Attachment D), as follows:

1.2.1  “ACKNOWLEDGED” should be used when a Vendor response or Vendor compliance is not required. “ACKNOWLEDGED” simply means the Vendor is confirming to the State that he read the statement. This is commonly used in sections where the agency’s current operating environment is described or where general information is being given about the project.

1.2.2  “WILL COMPLY” or “AGREED” are used interchangeably to indicate that the Vendor will adhere to the requirement. These terms are used to respond to statements that specify that a Vendor or Vendor’s proposed solution must comply with a specific item or must perform a certain task.

1.3  If the Vendor cannot respond with “ACKNOWLEDGED,” “WILL COMPLY,” or “AGREED,” then the Vendor must respond with “EXCEPTION.” (See instructions in Item 9 regarding Vendor exceptions.)

1.4  Where an outline point asks a question or requests information, the Vendor must respond with the specific answer or information requested in addition to “WILL COMPLY” or “AGREED”.

1.5  In addition to the above, Vendor must provide explicit details as to the manner and degree to which the proposal meets or exceeds each specification.

2.  GENERAL OVERVIEW AND BACKGROUND

Oracle software is used to support the Mississippi Department of Education (MDE) Office of Special Education’s current Mississippi Student Information System (MSIS).

MSIS provides for the electronic collection and storage of comprehensive detailed data about teachers, administrators, students (Pre-K to 12), and school board members. MSIS also allows for the electronic transfer of student records from one school district to another, thus offering a unique student tracking system.

3.  PROCUREMENT PROJECT SCHEDULE

Task / Date
Release of LOC / Friday, April 3, 2009
Deadline for Vendors’ Written Questions / Tuesday, April 7, 2009
Addendum with Vendors’ Questions and Answers / Thursday, April 9, 2009
Proposals Due / Monday, April 13, 2009Monday, April 13, 2009
Proposal Evaluation / Monday, April 13, 2009 and Tuesday, April 14, 2009
Notification of Award / Tuesday, April 14, 2009
Contract Negotiations / Wednesday, April 15 through Tuesday, April 21, 2009

4.  STATEMENTS OF UNDERSTANDING

4.1  The Vendor must provide pricing for all software, maintenance, and support for the proposed solution.

4.2  Vendor must be aware that the specifications detailed below are minimum requirements. Should Vendor choose to exceed the requirements, Vendor must indicate in what manner the requirements are exceeded.

4.3  Vendor acknowledges that if awarded, it will ensure its compliance with the Mississippi Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session) and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Vendor will agree to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State.

Vendor acknowledges and certifies that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi.

Vendor acknowledges that violating the E-Verify Program (or successor thereto) requirements subjects Vendor to the following: (a) cancellation of any state or public contract and ineligibility for any state or public contract for up to three (3) years, with notice of such cancellation being made public, or (b) the loss of any license, permit, certification or other document granted to Vendor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. Vendor would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit.

4.4  From the issue date of this LOC until a Vendor is selected and the selection is announced, responding Vendors or their representatives may not communicate, either orally or in writing regarding this LOC with any statewide elected official, state officer or employee, member of the legislature or legislative employee except as noted herein. To ensure equal treatment for each responding Vendor, all questions regarding this LOC must be submitted in writing to the State’s Contact Person for the selection process, no later than the last date for accepting responding Vendor questions provided in this LOC. All such questions will be answered officially by the State in writing. All such questions and answers will become addenda to this LOC. Vendors failing to comply with this requirement will be subject to disqualification

4.4.1  The State contact person for the selection process is: Ravaughn Robinson, Technology Consultant, 301 North Lamar Street, Suite 508, Jackson, Mississippi 39201, 601-359-5280, .

4.4.2 Vendor may consult with State representatives as designated by the State contact person identified in 4.4.1 above in response to State- initiated inquiries. Vendor may consult with State representatives during scheduled oral presentations and demonstrations excluding site visits.

5.  SOFTWARE SPECIFICATIONS

Vendor must provide pricing for the Oracle part numbers listed on the Cost Information Form (Attachment A) starting on page 9.

6.  SOFTWARE SUPPORT

6.1  Vendor must propose annual fixed pricing for three (3) years of Oracle product support with updates for the software listed in Attachment A.

6.2  As an alternative to a firm fixed price over three years, the reselling vendor must work with Oracle to determine a fixed price for year two. Vendor must include the manufacturer’s policy regarding increasing maintenance charges. Price escalations for Maintenance must not exceed the lesser of 5% increase per year or an increase consistent with the percent increase in the consumer price index, all Urban Consumer US City Average (C.P.I. –u) for the preceding year.

6.3  In the event that the manufacturer cannot commit to a fixed cost for any of the subsequent years of maintenance after year one, vendor must include the manufacturer’s policy regarding increasing maintenance charges. Price escalations for Maintenance must not exceed the lesser of 5% increase per year or an increase consistent with the percent increase in the consumer price index, all Urban Consumer US City Average (C.P.I. –u) for the preceding year.

7.  REFERENCES

7.1  Vendor must provide at least three (3)three (3) references. A form for providing reference information is attached as Attachment B. ITS requires that references be from completed and/or substantially completed jobs that closely match this request. Reference information must include, at a minimum,

7.1.1  Entity

7.1.2  Supervisor’s name

7.1.3  Supervisor’s telephone number

7.1.4  Supervisor’s email address

7.1.5  Length of Project

7.1.6  Brief Description of Project to include Vendor’s specific role in the project

7.2  The Vendor must make arrangements in advance with the account references so that they may be contacted at the Project team's convenience without further clearance or Vendor intercession. Failure to provide this information in the manner described may subject the Vendor’s proposal to being rated unfavorably relative to these criteria or disqualified altogether at the State’s sole discretion.

7.3  References that are no longer in business cannot be used. Inability to reach the reference will result in that reference deemed non-responsive.

7.4  Vendors receiving negative references may be eliminated from further consideration.

7.5  ITS reserves the right to request information about the Vendor from any previous customer of the Vendor of whom ITS or MDE is aware, even if that customer is not included in the Vendor’s list of references.

8.  ADDITIONAL REQUIREMENTS

8.1  ITS acknowledges that the specifications within this LOC are not exhaustive. Rather, they reflect the known requirements that must be met by the proposed system. Vendors must specify, here, what additional components may be needed and are proposed in order to complete each configuration.

8.2  Vendor must specify the discounted price for each item. Freight is FOB destination. No itemized shipping charges will be accepted.

8.3  Vendor must provide all technical specifications and manuals (documentation) at the point of sale.

8.4  If Vendor proposes more than one alternative (no more than two), Vendor is responsible for identifying the alternative believed to be the best fit to meet the specified requirements.

8.5  A properly executed contract is a requirement of this LOC. After an award has been made, it will be necessary for the winning Vendor to execute a Purchase Agreement with ITS. A Standard Purchase Agreement, Attachment D, has been attached for your review. The inclusion of this Purchase Agreement does not preclude ITS from, at its sole discretion, negotiating additional terms and conditions with the selected Vendor(s) specific to the project(s) covered by this LOC. If Vendor can not comply with any term or condition of this Purchase Agreement, Vendor must list and explain each specific exception on the Proposal Exception Summary Form, Attachment C, explained in Item 9 and attached to this LOC. Winning Vendor must be willing to sign the attached Purchase Agreement within 5 working days of the notice of award. If the Purchase Agreement is not executed within the 5 working day period, ITS reserves the right to terminate negotiations with the winning Vendor and proceed to negotiate with the next lowest and best Vendor in the evaluation.

8.6  Vendor must provide the state of incorporation of the company and a name, title, address, telephone number and e-mail for the “Notice” article of the contract.

9.  PROPOSAL EXCEPTIONS

9.1  Vendor must return the attached Proposal Exception Summary Form, Attachment C, with all exceptions listed and clearly explained or state “No Exceptions Taken.” If no Proposal Exception Summary Form is included, the Vendor is indicating that no exceptions are taken.

9.2  Unless specifically disallowed on any specification herein, the Vendor may take exception to any point within this memorandum, including a specification denoted as mandatory, as long as the following are true:

9.2.1  The specification is not a matter of State law;

9.2.2  The proposal still meets the intent of the procurement;

9.2.3  A Proposal Exception Summary Form (Attachment C) is included with Vendor’s proposal; and

9.2.4  The exception is clearly explained, along with any alternative or substitution the Vendor proposes to address the intent of the specification, on the Proposal Exception Summary Form (Attachment C).

9.3  The Vendor has no liability to provide items to which an exception has been taken. ITS has no obligation to accept any exception. During the proposal evaluation and/or contract negotiation process, the Vendor and ITS will discuss each exception and take one of the following actions:

9.3.1  The Vendor will withdraw the exception and meet the specification in the manner prescribed;

9.3.2  ITS will determine that the exception neither poses significant risk to the project nor undermines the intent of the procurement and will accept the exception;

9.3.3  ITS and the Vendor will agree on compromise language dealing with the exception and will insert same into the contract; or,

9.3.4  None of the above actions is possible, and ITS either disqualifies the Vendor’s proposal or withdraws the award and proceeds to the next ranked Vendor.

9.4  Should ITS and the Vendor reach a successful agreement, ITS will sign adjacent to each exception which is being accepted or submit a formal written response to the Proposal Exception Summary responding to each of the Vendor’s exceptions. The Proposal Exception Summary, with those exceptions approved by ITS, will become a part of any contract on acquisitions made under this procurement.

9.5  An exception will be accepted or rejected at the sole discretion of the State.

9.6  Prior to taking any exceptions to this procurement, ITS requests that, to the extent possible, the individual(s) preparing this proposal first confer with other individuals who have previously submitted proposals to ITS or participated in contract negotiations with ITS on behalf of their company, to ensure the Vendor is consistent in the items to which it takes exception.

10.  SCORING METHODOLOGY

ITS will use cost to determine the lowest and best proposal.

11.  INSTRUCTIONS TO SUBMIT PRODUCT AND COST INFORMATION

Please use the attached Cost Information Form (Attachment A) to provide cost information. Follow the instructions on the form. Incomplete forms will not be processed.

12.  DELIVERY INSTRUCTIONS

12.1  Vendor must deliver the response to Ravaughn Robinson at ITS no later than Monday, April 13, 2009, at 3:00 P.M. (Central Time). Responses may be delivered by hand, via regular mail, overnight delivery, email, or by fax. Fax number is (601) 354-6016. ITS WILL NOT BE RESPONSIBLE FOR DELAYS IN THE DELIVERY OF PROPOSALS. It is solely the responsibility of the Vendor that proposals reach ITS on time. Vendors should contact Ravaughn Robinson to verify the receipt of their proposals. Proposals received after the deadline will be rejected.